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BLACKWELL v. SOUTHLAND BUTANE GAS CO.

36248.

94 Ga. App. 128 (1956)

93 S.E.2d 833

BLACKWELL v. SOUTHLAND BUTANE GAS CO.

Court of Appeals of Georgia.

Decided July 2, 1956.

Attorney(s) appearing for the Case

Gordon M. Combs, for plaintiff in error.

J. G. Roberts, Dunaway & Embry, contra.

GARDNER, P. J.

It is contended by the defendant that the petition was duplicitous. The petition, as amended, is not duplicitous. The petition, as amended, did not set out a new cause of action. In Foster v. Southern Ry. Co., 42 Ga.App. 830 (2) (157 S. E. 371), this court said: "A complaint for damages for homicide, which charges simple negligence only, may be amended by adding a new count alleging that the...

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